The Idaho Republican Party v Ysursa

Filing 67

ORDER. The parties submitted electronic copies of depositions with the objections included as electronic sticky notes. The Court has written its rulings to the objections on those same electronic sticky notes. The Court will attach a print out of the relevant depositions pages, along with the electronic sticky notes, to this Order. These will constitute the Court's ruling on the objections. Signed by Judge B. Lynn Winmill. (Attachments: # 1 Adams, # 2 Barrett, # 3 Beck, # 4 Bowers, # 5 Kulczyk, # 6 Mansfield, # 7 Maxwell, # 8 Ripley, # 9 Vance)(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)

The Idaho Republican Party v Ysursa

Doc. 67 Att. 6

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THE DEPOSITION OF DENNIS MANSFIELD was taken on behalf of the Defendant at the Attorney General's Office, 954 W. Jefferson Street, Boise, Idaho, commencing at 1:30 on September 16, 2010, before Kamra Toalson, Certified Shorthand Reporter and Notary Public within and for the State of Idaho, in the above-entitled matter. APPEARANCES For the Plaintiffs: Troupis Law Office, P.A. BY: CHRIST R. TROUPIS 1299 E. Iron Eagle, Suite 130 Eagle, Idaho 83616 For the Defendant: Office of the Attorney General BY: Michael S. Gilmore 954 W. Jefferson Street Boise, Idaho 83720-0010 For the Defendant Intervenors: Law Office Of Harry Kresky BY: HARRY KRESKY (Appearing by telephone) 250 West 57th Street, Suite 2017 New York, New York 10107
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(Deposition Exhibit Nos. 1 through 4 were marked for identification.) DENNIS MANSFIELD, first duly sworn to tell the truth relating to said cause, testified as follows: EXAMINATION BY MR. GILMORE: Q. Good afternoon, Mr. Mansfield. We have a few technicalities to take care of before we start asking questions. A. Sure. Q. My name is Michael Gilmore. I'm a Deputy Attorney General representing Secretary of State, Ben Ysursa. MR. GILMORE: Would you like to identify yourself, please, Harry. MR. KRESKY: Yeah. Hi. Harry Kresky. I represent eleven Idaho intervenors as defendants on the Attorney General's side, as well as two organizations, one in Idaho, and one national organization. MR. GILMORE: And Christ. MR. TROUPIS: And Christ Troupis representing the Idaho Republican Party. 1 MR. GILMORE: And, Mr. Mansfield,
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INDEX DENNIS MANSFIELD Examination by Mr. Gilmore Examination by Mr. Kresky PAGE 4 33

EXHIBITS NO. DESCRIPTION PAGE 1 Affidavit of Dennis Mansfield 4 2 Idaho Primary Election Results 4 3 May 23, 2000 Primary Election Results 4 4 Spreadsheet 4

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before we start questions, I just have a few technical objections. I will object to paragraph 6 as hearsay. I will object to paragraph 16 to the extent it assumes a fact not in evidence, that there was Democratic crossover voting. I object to paragraph 17 to the extent it assumes a fact not in evidence, that there was Democratic crossover voting. I object to paragraph 18 to the extent it assumes a fact not in evidence, that there was Democratic crossover voting. The technicalities are out of the way, and I think we're ready to begin. Q. (By Mr. Gilmore) Mr. Mansfield, have you ever had your deposition taken before? A. I have. Q. And are you familiar with the procedures? A. I am. Q. And if, for some reason, when I ask a question, if it doesn't make sense or you're not sure what I'm asking, please feel free to ask me to rephrase it, because it's important that you understand the question that I'm asking, because then your answer will be better. A. Absolutely no problem.
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Summary of Comments on Mansfield Deposition.ptx
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Number: 1 Author: user Objections to Mansfield Affidavit Subject: Sticky Note Date: 10/2/2010 3:25:41 PM Author: lwinmill Subject: Sticky Note Sustained as to para 6. Hearsay. Date: 10/12/2010 7:27:08 AM

Sustained as to reference in para 16 to "democratic cross over voting," But balance of para is admitted. Assumes facts not in evidence. Overruled as to para 17. Although statement implicitly relies upon existence of "democratic cross over voting" referenced in para 16, witness is entitled to describe what election strategy he used in the 2006 election. Overruled as to para 18, since it again describes actions which he took based upon his belief that there is cross over voting. However, it is sustained to the extent that it is offered to show the existence of cross over voting.